In the case of premises occupied under a written lease having
a stated term of at least one year, the day next following the expiration
date specified in the lease; and in all other cases, the first day
of any month which shall be at least 12 months after the date the
rent for the premises was last increased.

Improvement which permanently enhances the rental value of
the rental unit by way of substantial addition to or changes in the
existing building and which are neither repairs which merely maintain
the building in an efficient operation condition, nor replacement
of fixtures, major appliances and other items which do not appreciably
prolong the life or improve the condition of the building.

In the case of premises occupied under a written lease having
a stated term of at least one year, the date the lease commenced;
and in all other cases, the first day of the month one year prior
to the anniversary date.

An owner, lessor, sublessor or any other person entitled
to receive rent for the use and occupancy of any housing space or
an agent or occupant of any housing space or an agent or successor
of any of the foregoing.

Written notice to tenant or landlord which is mailed to the
tenant's residence or the landlord's address, as set forth in the
registration form by ordinary mail and with adequate proof of service
stating that notice to the tenant or landlord was mailed.

Any room or rooms, suite, flat or apartment, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
together with all privileges, services, furnishing, furniture, equipment,
facilities and improvements connected with the use or occupancy thereof;
specifically exempted from this article, however, is any room or combination
of rooms in a motel, hotel or similar establishment renting lodgings
to transients.

At an anniversary date, a landlord may claim an increase
in basic rent. The allowable percentage increase in basic rent shall
be not greater than a percentage increase in rent equal to the percentage
obtained by multiplying 0.41667 by the number of months elapsed between
the anniversary date and the immediately prior anniversary date percent
(i.e., 5% for a period of 12 months). In cases where the tenant pays
the expenses for heat, the allowable percentage increase shall be
reduced by 20%, (i.e., 4% for a period of 12 months).

An owner or landlord may make an application to the Rent Leveling Board (the "Board") for increased rents in a building based on economic hardship relating to that building if the landlord is qualified under Subsection A(2) below wherein the landlord is unable to realize a seven-percent return on investment.

For purposes of this section, a return on investment shall be calculated
based on 7% of the total equalized value of land and improvements
(as per the county equalization ratio) after accounting for income
and allowable expenses.

No increase in rent, including any increase permitted under § 532-2C shall exceed 15% of the present rent at one time. A hardship increase in excess of 15% shall be held in abeyance and implemented in six-month increments until such times as the entire hardship increase is fully established.

An original application plus 11 additional copies and all attachments
for a hardship rent increase pursuant to this section and which shall
be on a form specified by the Board must be filed with the Municipal
Clerk no less than 30 days prior to a scheduled Rent Leveling Board
meeting.

A report detailing the anticipated income for the period of
relief, taking into account all automatic or discretionary rental
increases. Anticipated income shall include, but not be limited to,
income from residential rents, garage rents, parking fees, pet fees,
and fees for additional facilities such as laundry and vending income.

Wherever practicable, the Board may require professionally prepared
documentation of any or all pertinent financial data offered in support
of an application under this section, except that the Board may exercise
its reasonable discretion to waive this requirement if the cost to
the applicant, or other considerations, are deemed to outweigh the
need and/or probative value for such professional services.

If the applicant meets all of the requirements of this section, the
application will be deemed complete, and the landlord shall be notified
in writing by regular mail of a scheduled date for a hearing which
shall be held no later than 60 days (unless further extension is consented
to by the applicant) after the application is deemed complete by the
Chairman of the Board or his/her designee.

The landlord shall notify all affected tenants in writing of
the hearing date no less than 10 days prior to the scheduled hearing.
In order for the notice to be deemed adequate, it must specify the
following:

If the Board deems, in its sound discretion, that the affected
tenants were not provided with adequate notice, the Board may postpone
the hearing and direct the landlord to provide proper notice before
proceeding on the application or dismiss the application without prejudice.
The landlord shall file with the Board, no later than the hearing
date, a copy of the notice provided to the tenants along with proof
of service. Proof of service can be made by affidavit of a process
server, the landlord or the landlord's designee. If service was
performed via certified mail, submission of the green cards to the
Board shall suffice.

That accounting practices employed by the landlord to calculate
operating expenses and that any and all financial statements or documents
submitted for evidentiary purposes are in accordance with standard
accounting practices and consistent with Internal Revenue Service
codes and regulations.

The Board shall receive and consider any and all proofs that in its
sound discretion it deems relevant to its deliberations. The Board
shall hear and judge each application impartially and on its own merits
without deference to separate and unrelated cases that have no bearing
on the equality of treatment for each and every applicant.

The Board may require the testimony of any witness it deems necessary
to properly conduct its deliberations in order to reach a decision.
Those witnesses may include but are not limited to the landlord, accountants,
lawyers, financial advisors, managing agents and/or insurance professionals.

The Board shall hear and consider affected tenants who may wish to
appear and give testimony in support or opposition to the application
or those who submit written letters of support or opposition as they
pertain to the application.

If the Board in its sound discretion deems it necessary, the landlord
shall deposit with the Township Tax Collector such escrow funds as
the Board in its judgment determines to be sufficient to pay all reasonable
and necessary costs and fees of any expert(s) the Board deems appropriate
to hear an application. In no event shall the required deposit for
such escrow funds exceed $1,500. The landlord shall also be required
to sign an acknowledgement and acceptance of possible escrow funds
at the time the application for hardship relief is filed with the
Township Clerk.

Any expert employed by the Board shall be required to sign a retainer
agreement with the Board wherein it shall agree to provide all such
expert services for either a set fee or hourly fee to be established
by the Board. The retainer agreement must include a cap on all charges
to be submitted which shall not exceed the amount of money that the
landlord is required to pay into escrow.

The professional expert(s) shall submit vouchers for all reasonable
and necessary fees for the professional services rendered, which fees
shall be paid from the escrow account in the manner prescribed by
N.J.S.A. 40A:5-16 through 40A:5-18.

The expert(s) shall, at the time of submission of any such voucher,
forward a copy of same to the applicant and to the Board. In the event
that the applicant objects or disputes the reasonableness of any such
charges, the applicant shall, not later than five days after receipt
of a copy of the voucher, submit a written objection to the Board.
In no event shall the Board authorize payment of any such voucher
without written notice to the landlord. If the Board determines that
such payment is warranted, the Board shall advise the landlord of
same and invite the landlord to appear at the next regularly scheduled
meeting to discuss the voucher. The Board shall also invite the expert
who submitted the voucher to offer testimony in support of the voucher.
If the Board, at that time, determines the payment to be reasonable
and fair, it shall authorize and direct the payment to be made to
the expert.

Should any additional funds be required so that the Board may properly complete its deliberations, it may in its discretion require said additional funds to be paid by the landlord to the Tax Collector to be deposited in the escrow account, provided the sum total of the deposits do not exceed the amount set forth in Subsection D(1) above.

If, in the discretion of the Board, the aforementioned escrow account
is deemed necessary for the consideration of any such application(s),
the Board shall take no formal action on any application unless and
until all escrow funds have been deposited with the Tax Collector
of the Township in the amount determined by the Board, and any time
limitations set forth in this chapter shall be tolled until such funds
are deposited.

Vacancy increase. Upon the voluntary uncoerced vacancy
of a rental unit by a tenant, which vacancy shall include a legal
eviction, the landlord shall have the right to fix the rent for such
vacated rental unit at such sum as he/she deems appropriate. Once
such a rental unit has been rented, it shall immediately be subject
to all of the other terms and provisions of this article, including
but not limited to maximum amounts of increases or rent thereafter,
unless and until it shall again become vacant as provided in this
section.

The landlord of a multiple dwelling subject to the
provisions of this article shall file with the Rent Leveling Board
and the Construction Code Official not later than December 31, 1988,
and each December 31 thereafter, a statement which shall set forth
the following:

The landlord of a multiple dwelling subject to the
provisions of this article shall file with the Rent Leveling Board
not later than 30 days after an increase in rent after December 31,
1986, shall become effective or the initial rent for a dwelling unit
shall be established a statement which shall set forth the following:

The Rent Leveling Board shall file with the Board of Commissioners and the Township Attorney, no later than February 15 of the subsequent calendar year, a certified list of the names and addresses of all landlords within the Township and shall specify therein as to each landlord whether or not there is compliance with Subsection B(1).

Upon the vacation of any unit of dwelling space or
dwelling unit (hereinafter referred to as "vacated unit"), if the
landlord intends to rent or lease all or any part of a vacated unit,
the landlord must apply to the Construction Official for the issuance
of a certificate of occupancy. The application must be on such form
and provide such information as may be required by the Construction
Official. The application must be filed with the Construction Official
no later than 15 days next following the date on which the owner of
any vacated unit executes or otherwise enters into a housing space
agreement or occupies a vacant unit by a tenant or other occupant,
whichever is sooner.

A vacated unit may be leased and occupied pending
the completion of the procedures set forth in this section. If any
inspection or reinspection is not made by the Construction Official
and neither a certificate of occupancy nor a temporary certificate
of occupancy is issued to the landlord within the time periods as
set forth in this section, the vacated unit may not continue to be
leased and occupied.

The Construction Code personnel shall make an inspection
of the vacated unit for the purpose of determining the conditions
of the vacated unit in order that Construction Code personnel may
perform their duties of safekeeping the health and safety of the occupants
of residential rental units. No certificate of occupancy shall be
issued for a vacated unit unless the condition of the vacated unit
and the dwelling complies with all of the laws of the Township, county,
state and federal governments now in existence or hereafter enacted
pertaining to building, plumbing, electrical, zoning, health, safety,
fire and minimum housing standards and all department regulations
established pursuant to said ordinances or laws.

The Construction Official and/or his duly authorized
agents and representatives will conduct an inspection of the vacated
unit within 30 days of the filing of the application. Any reinspection
as provided in this article will be made no later than 15 days following
the date that the Construction Official is given written notice by
the applicant that the violations cited have been abated.

The minimum application fee for each inspection of
a vacated unit will be $25. The fee for each reinspection will be
$15, per inspection. The minimum application fee will be due and payable
by the landlord at the time the application is made, and a reinspection
fee will be payable by the landlord at the time each reinspection
is requested.

The landlord and tenant shall make or permit to be
made all inspections required under this section. The Construction
Official is authorized to enter any dwelling or housing space as provided
in provisions of this section. Such entry may be made at all reasonable
times, including, without limitation, between the hours of 9:00 a.m.
and 5:00 p.m. on any business day. It shall be unlawful for any person
to refuse such access or to impede, hinder or interfere with any official
in the proper performance of his or her duty.

Upon the inspection of any vacated unit, the Construction
Official may cause to be issued a certificate of occupancy or, if
violations exist, a temporary certificate of occupancy conditioned
upon the landlord's remedying any conditions which violate the standards
within a reasonable period of time as determined by the Construction
Official. Upon abatement of the violations by a landlord, the Construction
Official will issue a certificate of occupancy. Notice of any violations
as a result of an inspection or reinspection shall be in accordance
with the applicable laws.

If the landlord fails to remedy any violations within
the time prescribed by the Construction Official, the landlord shall
be liable for a fine of no more than $100 per day for each violation
until the violation is abated.

If a tenant or other occupant of a vacated unit fail
to cooperate with the Construction Official in allowing an inspection
of the premises, the tenant or other occupant may be liable for a
fine not to exceed $50 per day.

If, subsequent to the issuance of a certificate
of occupancy, the Construction Official has cause to believe a violation
of any applicable law may exist, an inspection shall be made of the
housing space and dwelling. If violations are found to exist and the
cited violations are not abated within the designated time period,
the certificate of occupancy may be changed to a temporary certificate
of occupancy or revoked by the Construction Official by written notice
to the landlord and the tenant.

Any person aggrieved by a decision of the Construction
Official under this section may appeal such decision to the Construction
Board of Appeals in accordance with the procedural requirements of
this article.

If the landlord fails to comply with the provisions
of this section and the tenant is required to relocate or the Township
is subsequently required to relocate the tenant from the housing space,
the landlord will be liable for all costs of relocation and shall
further be liable for any payment the Township may be required to
make to relocate the tenant under the applicable laws of the State
of New Jersey or the United States of America.

The rent payable for the new unit shall be the
same as charged for such unit prior to relocation, provided that such
rent is equal to or greater than the rent charged to the relocating
tenant at the existing unit (the unit from which the tenant is relocating).

In the event that, prior to relocation, the
rent charged at the new unit is less than the rent charged to the
tenant at the existing unit, the rent payable for the new unit may
be increased to the existing unit level.

The relocating tenant shall pay the landlord the sum
of $100 per room and $50 per bathroom in the vacated unit as a relocation
fee in consideration of the special costs resulting to the landlord
from the relocation.

In the event that there shall be two or more persons
with equal standing to claim relocation to a vacated unit, the landlord,
exercising reasonable discretion in a nondiscriminatory manner, shall
select the tenant entitled.

There is hereby created a Rent Leveling Board
within the Township of Nutley. Said Board shall consist of seven regular
members and two alternate members to act in turn or concurrently,
as the case may be, in the event of absence or disqualification of
one or more regular members. The members of said Board shall be appointed
by the governing body, and their terms of office shall be for three-year
periods, with each member serving without compensation.

To issue and promulgate such rules and regulations
as deemed necessary to implement the purposes of this article, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Board in the exercise of its discretion,
provided that such rules are filed with the Township Clerk.

To hold hearings and adjudicate appeals from decisions
of the office of the Mayor with respect to the municipal functions
of administering the Senior Citizen and Disabled Protected Tenancy
Act; to charge a fee of $100 for each appeal, to be paid by the party
initiating the appeal.

No complaint by a tenant shall be filed with the Board
regarding a claim for deprivation of services involving matters of
habitability, which may properly fall within the jurisdiction of the
Public Health Department, or matters of property maintenance, which
may properly fall within the jurisdiction of the Construction Official,
unless such matters shall remain unresolved 10 days after the tenant
shall have filed a written complaint as to such matters with either,
or both, the Public Health Department or Construction Official.

During the term of this article, the landlord
shall continue the same standards of service and maintenance and shall
provide the same furniture, furnishings and equipment as he provided
or was required by law to provide prior to the enactment of this article.

The owner of multiple-dwelling housing space
being rented for the first time shall not be restricted in the initial
rent he charges; any subsequent rental increase, however, shall be
subject to the provisions of this article.

In the event that a landlord perfects a successful tax appeal, the tenant shall receive 75% of all reductions as applied pro rata to the tenant's living space so leased, after deducting all reasonable expenses incurred by the landlord in perfecting the tax appeal. The landlord shall file with the Rent Leveling Board within 30 days after such reduction in rent becomes effective or within 120 days of receipt of a judgment on a tax appeal favorable to the landlord, whichever occurs first, a statement containing the information set forth in § 532-6B(2), except such information shall be applicable to a reduction in rent. This section shall be retroactive to September 21, 1982. In the event that a landlord shall have paid a reduction of rent to any tenants hereunder from September 21, 1982, to the date that this section becomes effective, the landlord shall be entitled to a pro rata rent increase to be paid over a period of 12 months.

For purposes of this section, a reduction for any
year shall be calculated without regard to the actual change in amount
of tax for any prior year and shall mean the difference between the
amount of the preappeal assessed value multiplied by the current rate
and the amount of the reduced assessed value multiplied by the current
rate.

A willful violation of any provisions of this
article, including but not limited to the willful filing with the
Rent Leveling Board of any material misstatement of fact, or a willful
failure to file any report required by this article, shall be punishable
by a fine of not more than $500 or imprisonment for a term not exceeding
90 days, or both. A violation affecting more than one leasehold shall
be considered a separate violation as to each leasehold.

This article is to take effect immediately upon
passage and publication as required by law, shall apply retroactively
to December 31, 2001, to the extent allowed by law, and shall remain
in full force and effect until December 31, 2020; and shall automatically
terminate and be of no force and effect after such date unless specifically
extended by ordinance enacted in the manner prescribed by law.

The Board of Commissioners of the Township of Nutley
has determined that the forced eviction and relocation of elderly
persons from their homes and communities harms the mental and physical
health of these senior citizens and that these disruptions in the
lives of older persons affect adversely the social, economic and cultural
characteristics of the Township of Nutley and that these conditions
are particularly serious in light of the rising costs of home ownership
and are of increasing concern where rental housing is converted into
condominiums or cooperatives for which senior citizens on fixed incomes
cannot afford the associated costs, and the Board of Commissioners
declares that it is in the public interest of the Township of Nutley
to avoid forced eviction and relocation of senior citizen tenants
under the aforesaid circumstances, concerning the conversion of rental
housing into condominiums or cooperatives.

The Board of Commissioners further declares that it
is in the public interest of the Township of Nutley to avoid forced
evictions and the displacement of the handicapped whenever possible
because of their limited mobility and the limited number of housing
units which are suitable for their needs.

The Board of Commissioners declares that, in the service
of this public interest, it is appropriate that qualified senior citizen
tenants and disabled tenants be accorded a period of protected tenancy,
during which they shall be entitled to the fair enjoyment of the dwelling
unit within the converted residential structure to continue for such
time as provided by law.

The Board of Commissioners of the Township of Nutley
finds that it is appropriate to have an additional administrative
agency to act as an appeal agency for any person aggrieved by the
decision of the Municipal Clerk.

An application for registration filed with the Department
of Community Affairs in accordance with the Planned Real Estate Development
Full Disclosure Act, P.L. 1977, c. 419 (N.J.S.A. 45:22A-21 et seq.).

The recording with the appropriate county officer of a master
deed for condominium or a deed to a cooperative corporation for a
cooperative or the first deed of sale to a purchaser of an individual
unit for a planned residential development or separable fee-simple
ownership of the dwelling units.

To convert one or more buildings or structures or a mobile
home park containing in the aggregate not less than five dwelling
units or mobile homes, etc., or pads from residential rental use to
condominium, cooperative, planned residential development or separable
fee simple ownership of the dwelling units or of the mobile home sites
or pads.

A person who is, on the date of the conversion recording
for the building or structure in which is located the dwelling unit
of which he is a tenant, totally and permanently unable to engage
in any substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, provided that
the building or structure has been the principal residence of the
disabled tenant for the two years immediately preceding the conversion
recording. For purposes of this subsection, "blindness" means central
visual acuity of 20/200 or less in the better eye with the use of
a correcting lens. An eye which is accompanied by a limitation in
the fields of vision such that the widest diameter of the visual field
subtends an angle no greater than 20° shall be considered as having
central visual acuity of 20/200 or less.

Except as otherwise provided by § 532-20 herein, the 40 years following conversion recording for the building or structure in which is located the dwelling unit of the senior citizen tenant or disabled tenant.

An approval of any application for registration by the Department
of Community Affairs in accordance with the "Planned Real Estate Development
Full Disclosure Act," P.L. 1977, c. 419 (N.J.S.A. 45:22A-21 et seq.).

A person who is at least 62 years of age on the date of the
conversion recording for the building or structure in which is located
the dwelling unit of which he is a tenant, or the surviving spouse
of such a person if the person should die after the owner files the
conversion recording, provided that the building or structure has
been the principal residence of the senior citizen tenant or the spouse
for two years immediately preceding the conversion recording or the
death, as the case may be.

The total income from all sources during the last full calendar
year for all members of the household who reside in the dwelling unit
at the time the tenant applies for protected tenant status, whether
or not such income is subject to taxation by any taxing authority.

The owner of any building or structure who seeks
to convert any premises shall, prior to his filing of the application
for registration of conversion with the Department of Community Affairs,
notify the Municipal Clerk of his intention to so file.

The owner of the building or structure seeking the
conversion shall supply the Municipal Clerk with a list of every tenant
residing on the premises, with stamped envelopes addressed to each
tenant and with sufficient copies of the notice to tenants and the
application form for protected tenancy status. The owner of a building
or structure seeking the conversion shall pay to the Township of Nutley,
along with the other required documents, the sum of $35 per unit to
be converted. Within 10 days thereafter, the Municipal Clerk shall
notify each tenant in writing of the owner's intention and of the
applicability of the Act. Said notice shall require the tenant to
submit the application for protected tenancy status within 60 days
after the mailing date by the Municipal Clerk.

No later than 30 days thereafter, the Municipal Clerk
shall make a determination of eligibility of each application received.
Notice of eligibility shall be sent to each senior citizen tenant
or disabled tenant who:

Has an annual household income that does not exceed
an amount equal to three times the county per capita personal income
as last reported by the Department of Labor and Industry on the basis
of the U.S. Department of Commerce's Bureau of Economic Analysis data.

The Municipal Clerk shall likewise send a notice of
denial with reasons to any tenant who is determined to be ineligible
after reviewing the foregoing factors and provisions which shall be
used as a criterion for eligibility. The owner shall be notified of
those tenants who are determined to be eligible and ineligible.

Protected tenancy status shall not be applicable
to any eligible tenant until such time as the owner has filed his
conversion recording. The protected tenancy status shall automatically
apply as soon as a tenant receives notice of eligibility and the landlord
files his conversion recording.

The tenant's annual household income, or the average
of the tenant's annual household income for the current year, computed
on an annual basis, and the tenant's annual household income for the
two preceding years, whichever is less, exceeds an amount equal to
three times the county per capita personal income as last reported
by the United States Department of Commerce's Bureau of Economic Analysis
data.

Upon the termination of the protected tenancy status
by the Municipal Clerk, the senior citizen tenant or disabled tenant
may be removed from the dwelling unit pursuant to P.L. 1974, c. 49
(N.J.S.A. 2A:18-61.1 et seq.), except that all notice and other times
set forth therein shall be calculated and extend from the date of
the expiration or termination of the protected tenancy period, or
the date of the expiration of the last lease entered into with the
senior citizen tenant or disabled tenant during the protected tenancy
period, whichever shall be later.

Any aggrieved party shall have the right to appeal
the determination of the Secretary to the Protected Tenancy Appeal
Board. All rules and regulations pertaining to hearings and procedures
before the Rent Leveling Board shall apply to such appeals.

Appeals shall be taken by filing a written request
for a hearing with the Rent Leveling Board and simultaneously with
the Chairman of the Protected Tenancy Appeal Board within 10 days
after written notice of appeal is received and filed with the Chairman
of the Protected Tenancy Appeal Board. A decision shall be rendered
by the Protected Tenancy Appeal Board in accordance with law.

A filing fee of $25 shall be paid by such aggrieved
party filing the appeal in advance. Administrative costs may be assessed
by the Protected Tenancy Appeal Board, including legal fees, on a
case-by-case basis.

There is hereby created a Protected Tenancy Appeal
Board. The Board shall consist of three members and one alternate.
The members and alternate shall be appointed by the governing body
and their terms of office shall be for a period of three years each,
until otherwise terminated by said governing body. Said members and
alternate shall be appointed from the membership of the Rent Leveling
Board.

The Board is hereby granted and shall exercise, in
addition to other powers herein granted, all powers necessary and
appropriate to carry out and execute the purposes of this article
and including, but not limited to, the following:

To issue and promulgate such rules and regulations
as it deems necessary to implement the purpose of this article, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Board in its exercise of its discretion,
provided that such rules and regulations are filed with the Municipal
Clerk.

Two Board members shall constitute a quorum. A majority
vote shall be required for a decision of a three-member Board, and
a unanimous vote is required of a two-member Board, including decisions
on all motions, orders and rulings of the Board.

This article being necessary for the welfare
of the Township of Nutley and its inhabitants shall be liberally construed
to effectuate the purpose thereof. All other ordinances and parts
of ordinances in conflict or inconsistent with this article are hereby
repealed, but only to the extent of such conflict or inconsistency.